Podpora cizojazyčného profilu výuky práva na PF UP reg. č.: CZ.1.07/2.2.00/

International Commercial Arbitration JUDr. Miluše Hrnčiříková, Ph.D.

The Theory of Dispute Resolution

Requirements I.) Team presentations The relationship between arbitration and court litigation (Prunier decision, history) Advantages and disadvantages of international commercial arbitration Arbitrability and the impact of Mitsubishi and Ecco Swiss decision The process of appointment of arbitrator (Javrin case) Confidentiality in international commercial arbitration Language in International Commercial Arbitration West Tankers decision and Brussels I Regulation Costs in the arbitration Multi-party arbitration II.) Test

Introduction to dispute resolution Conflict - a situation where the perceived interest of two or more persons are opposed in a manner that makes it impossible for all of the respective interests to be fully satisfied. Dispute - a specific disagreement concerning a matter of fact, law or policy in which a claim or assertation of one party is met with refusal, counter-claim or denial by another »Business dispute »Legal dispute To prevail at law is not the task of a business enterprise!

Methods of dispute settlement a) court litigation b) arbitration c) alternative dispute resolution (ADR)

Efective (Pro-active) conflict management - has to facilitate consensus while at the same time provides an effective legal back-up - involves both the avoidance of conflicts and the efficient planning and management of existing disputes.

Do we need conflict management?

MEDIATION

Mediation The intervention of an acceptable third party who has…no authoritative decision-making power, who assists the parties involved in the dispute to voluntarily reach a mutually acceptable settlement of the issues in dispute. In addition to addressing substantive issues, mediation may also establish or strengthen relationships of trust and respect between the parties or terminate relationships in a manner that minimalizes emotional costs and psychological harm.

Chatacteristics of Mediation Voluntary and consensual process Mediator as facilitator of negotiation Parties –decision making power and self-responsibility Confidentiality

Agreements in mediation Agreemet to mediate Mediator´s agreement Negotiation agreement Settlement agreement

Phases of mediation I. Opening and introduction II. Determinig issues and interests III. Information gathering IV. Generating and negotiating options for settlement V. Settlement agreement

Legislation EU Directive 2008/52/EC Council of Europe Recommendation Rec(2002)10R/ UNCITRAL Model Law on Int. Com. Conciliation